PART B CASE STUDY QUESTIONS (60 Marks) Instruction: Answer ALL questions. 1. Whitney hired a bicycle from John & Co. The contract contained a clause stating that "Nothing in this agreement shall render the owners liable for personal injuries or losses to the riders of the machines hired'. Whitney was told about the clause, but he was neither bothered to read nor to sign it. While riding the bike, Whitney was injured when the tire of the bikes suddenly exploded. Whitney now wants to sue John & Co in a contract for breach of condition on the basis that the bike was not merchantable quality nor fit for the purpose for which it was hired and also in tort of negligence for supplying a defective product. You as a legal advisor for John & Co are required to advise the company on what next they should do to defend themselves. Based on above mentioned statement, discuss on the following: a) By referring to the statement "Nothing in this agreement shall render the owners liable for personal injuries or losses to the riders of the machines hired", explain the definition of that clause. (10 marks) ANSWER: b) With reference to decided case(s), elaborate in details how that clause can be incorporated into an agreement and becomes terms of contract that will be binding on the parties. (20 marks)